Can I file criminal charges against someone?
No. You can ask the police or Prosecutor's Office to file criminal charges. However, it will be their decision if charges are filed and it will be the State of Indiana's Criminal Case, not your case.

Can I drop charges once the State has filed the criminal charges?
No. You can request the State to drop the charges for whatever reason. However, only the State can dismiss criminal charges.

Do I, as the victim, need to be at the hearings?
No. The hearings are for the Defendant (person charged with the crime), the Attorneys and the Judge. If you are subpoenaed, (this usually only occurs if a trial is held) you must appear.

Do I need to hire my own lawyer?
No. Victims are not required to have their own representation. If there is a trial, the victim's interest in prosecuting a criminal is represented by the Porter County Prosecutor's Office. When an appeal has been filed, the victim's interest is then represented by the Attorney General's Office to defend the conviction and sentence.

Can I attend the hearings?
Yes. In adult court ALL hearings are open to the public.

How long will it take for the case to be resolved?
That depends on the complexity of the case and many other variables. It can take anywhere from six months to one year or longer, especially if the defendant pleads NOT GUILTY to the charges.

Will the defendant be put in jail or prison?
Each case is handled on an individual basis. There is no way to judge the outcome until all facts are known, such as the defendant's background, etc.

How can I find out if there is an arrest warrant on the criminal?
You can call the Victim Assistance Office and they can check for you or you can call the Civil Bureau at the Porter County Sheriff's Department.

How can I let the Prosecutor know what I want to happen with the case?
You can write what is called a Victim Impact Statement, sign it and date it. The Victim Assistance Office has these forms available. Once the Victim Assistance Office receives the Victim Impact Statement, it will be placed in the Prosecutor's file for their review.

Can I speak to the Judge at a hearing?
You are allowed to make a Victim Impact Statement at Sentencing only. This statement can be verbal or in writing. The Defendant and/or his or her attorney will be allowed to hear or read your statements.

What is the difference between a No Contact Order, a Protective Order, and a Restraining Order?
Indiana's courts may now issue three different kinds of orders: Protective Order, No Contact Order, and Workplace Violence Restraining Order. Restraining Orders in the context of a divorce do not exist under the new statutes. Courts may still issue such orders with regard to assets, usually to prohibit parties from trying to destroy or encumber marital property.

A person who is or has been a victim of domestic or family violence may file a petition for an ORDER OF PROTECTION against a family or household member who commits an act of domestic or family violence; or against a person who has committed stalking or a sex offense against the petitioner. There is NO FILING FEE REQUIRED. The new Protective Order statute no longer covers disputes among neighbors or similar types of cases. Relief is possible in those situations through the Porter County PACT Community Mediation Program or other civil or criminal proceedings.

NO CONTACT ORDERS -- In a criminal case, a court may issue a No Contact Order as a condition of bond or pretrial release, or at sentencing, as a condition of probation.

How do I get a Protective Order?
The Victim Assistance Office can assist you with this or you can get one by yourself. The forms for the Protective Order can be picked up at the Clerk's Office at the Valparaiso Courthouse or the North County Complex in Portage. When you have filled out the paperwork, a Judge will review the Petition. Depending on the situation, the court can issue an ex parte Protective Order or issue a Temporary Protective Order and set the matter for further hearing. All Protective Orders issued ex parte or after a hearing are effective for two years, unless the court specifies a different date.

Can I ask for reimbursement of damages to my property or for doctor bills?
Yes. The term for reimbursement in a criminal case is restitution.

How will I be paid?
If the defendant is ordered by the Judge to pay Restitution to you (it is not always ordered) he/she will pay the Clerk's Office and in turn they will make a check out to you. The check will be mailed to you by the County. The Defendant has until the end of probation to pay unless the Court orders otherwise.

What losses fall under criminal restitution?
Losses normally covered by restitution are out-of-pocket expenses not covered by insurance, including but not limited to: actual costs of repair or replacement of damaged property, the value of unrecovered stolen items, medical expenses, and lost wages. If insurance has covered the losses, the amount of any deductible or co-pay may be requested to be ordered as restitution.

What is a restitution hearing?
If the Defendant and/or his attorney objects to the amount of restitution filed by Victim Assistance on the behalf of the victim, the Judge can order a restitution hearing. The prosecutor may request that the victim attend the hearing and present to the Judge the reasons for the amount filed. If the Judge believes the restitution ordered is reasonable and fair the original order will stand. If the Judge believes it is excessive or does not pertain to the criminal case the amount could be amended.

What if the Defendant does NOT pay the restitution?
The probation can be revoked and he/she will have to come back in front of the Judge to explain why they did not follow the Judge's Order.

What is the Violent Crime Compensation Fund?
This Fund assists victims or their dependents with medical expenses, funeral expenses, lost wages, psychological counseling, and expenses resulting from the collection of evidence after an alleged sexual assault. First, the crime must have taken place in Indiana and been reported to the police within 48 hours of the crime. Victims or survivors must have cooperated in the investigation and prosecution of the crime, have out-of-pocket expenses of at least $100.00, and application for benefits must be filed no later than 180 days after the crime occurred with the Violent Crime Compensation Office. The Victim Assistance office has the necessary applications. Also, we can assist victims in completing and filing the application. The telephone number for the Violent Crime Compensation Office is (317) 232-7103 or 1 (800) 353-1484.

How can I find out when the offender is released from jail or prison?
If he is held in jail, you can give the jail your telephone number and address for victim notification upon his/her release. If he is sent to prison you can call the Indiana Department of Correction Victim/Witness Assistance Program at (317) 232-1756 or 1 (800) 447-5604. They can also let you know defendant's prison location. The Victim Assistance Office can provide you with an "offender status notification request" form.

Why does the defendant have a right to appeal?
The constitution gives every defendant the right to one appeal. State and federal statutes give defendants additional rights to post-conviction hearings.

Will the defendant get out of jail/prison while on appeal?
No. Usually, a defendant will stay in jail/prison, but they can get bail pending appeal on very rare occasions.